The legitimacy of any criminal justice system is measured not by how it treats the innocent, but by how it protects the rights of those accused of crimes. A system that respects due process, upholds constitutional guarantees, and places the rule of law above institutional convenience earns public confidence.
When constitutional institutions disregard these principles, public trust erodes, and the system becomes vulnerable to abuse. Now the criminal justice system stands at such a crossroads.
Considerable legal reforms have been introduced over the years, yet putting them into practice still faces serious obstacles. Among the most persistent are corruption, abuse of power, arbitrary restrictions on rights, and the failure of institutions to hold themselves accountable. These are no longer isolated incidents. They have become the proverbial “elephant in the room” that many acknowledge privately, but few confront publicly.
One of the most fundamental principles of criminal justice is the presumption of innocence. Every person accused of a crime remains innocent until proven guilty by a competent court. This is not a legal technicality but the foundation of every democratic legal system. To give it real effect, suspects have a constitutional right to procedural safeguards, including the right to remain silent and the right to legal representation from the earliest stages of proceedings.
The Constitution protects these rights strongly. A suspect has the right to remain silent and should not be compelled to incriminate herself. Equally important is the right to consult and be represented by a lawyer of his choosing. They are meant to ensure fair investigations and protect suspects from coercion, intimidation, and unlawful pressure and are reinforced by Ethiopia’s international obligations.
The supreme law of the land provides that all international agreements the country has ratified form an integral part of it. It requires that the fundamental rights guaranteed under Chapter Three be interpreted in conformity with the Universal Declaration of Human Rights, the International Covenants on Human Rights, and other instruments Ethiopia has adopted. Neither is the right to legal counsel a statutory privilege to be granted or withheld at officials’ discretion. It is a constitutional and internationally recognised human right.
However, the reality for many defence lawyers and their clients tells a very different story. Lawyers for detained suspects are frequently denied access unless they first produce a written representation agreement signed by the suspect. The requirement may look harmless, but it is a serious obstacle to constitutional rights.
Unlike civil litigation, criminal representation has never been conditioned on a written contract between lawyer and client. The distinction is deliberate. In civil cases, parties voluntarily seek legal help over private rights, and a written engagement defines the scope of the work, fees, and responsibilities. Criminal proceedings are different. A person’s liberty, and sometimes life, could be at stake. The need for representation is immediate, and any delay may irreparably prejudice the suspect’s rights.
Criminal practice has long recognised this urgency. Lawyers may act at once on instructions from the suspect’s family or authorised representatives, or on the suspect’s own request. Requiring a formal written contract before granting access defeats the very purpose of the constitutional guarantee. The practical consequences expose its absurdity.
If a suspect is already detained and denied access to a lawyer until a written agreement is signed, how is that agreement to be executed?
The suspect cannot reach counsel, and counsel cannot meet the suspect because no agreement has been signed. The result is an impossible paradox, created by administrative practice rather than by law. This practice turns a constitutional right into a conditional privilege contingent on police approval, which is inconsistent with both the Constitution and accepted standards of due process.
The consequences reach well beyond inconvenience. The earliest hours of detention are often the most critical stage of an investigation. Suspects are questioned, statements are taken, and decisions that shape the entire prosecution are made. Without timely legal help, suspects become far more vulnerable to coercive interrogation, intimidation, involuntary confessions, and other abuse. Early access to counsel protects not only suspects but also the integrity of investigations, reducing the likelihood that evidence will be later contested or excluded due to procedural violations.
Respecting the right to counsel strengthens, rather than weakens, the administration of justice.
Many in the legal community have grown accustomed to these unlawful restrictions. Defence lawyers routinely meet resistance when they try to see detained clients. Some negotiate access through personal ties rather than legal entitlement; others face delays that compromise representation. More concerning should be the institutional silence around the practice.
Professional bodies tasked with safeguarding the independence of the legal profession have a duty to defend lawyers who are prevented from performing their constitutional role. Public institutions overseeing the administration of justice bear a corresponding duty to ensure agencies comply with the Constitution.
Yet meaningful intervention has been limited. Whether this inaction derives from unwillingness, lack of authority, inertia, or competing priorities, the consequence is the same. Unlawful practices continue unchecked while constitutional rights are gradually weakened.
The issue should not be seen as a contest between lawyers and the police. It concerns the integrity of the justice system itself. Police officers perform an essential function and face real difficulties in keeping the public safe. Effective law enforcement, however, cannot come at the expense of constitutional rights. The rule of law requires that all public authorities, including the police, operate within the limits set by the Constitution and other subordinate laws.
Respect for legal representation benefits everyone. It protects suspects against abuse, helps courts reach reliable decisions, strengthens public confidence, and reduces wrongful convictions.
Ethiopia has built an impressive constitutional framework that recognises fundamental rights and has embraced international human rights standards into domestic law. The problem is not the absence of principles but the gap between law and practice. Closing that gap requires institutional courage.
The Federal Police should issue clear directives granting lawyers prompt access to detained suspects without unlawful prerequisites such as written representation agreements. The Ministry of Justice should provide oversight and issue binding guidance where necessary. Bar associations should advocate more forcefully for lawyers doing their constitutional work. Courts, too, should remain vigilant against procedural violations that undermine fair-trial guarantees.
The strength of a criminal justice system is measured by its commitment to legality, not by the number of convictions it secures. Constitutional rights are tested most severely during investigations, when the temptation to compromise safeguards for efficiency is greatest. That is precisely why those safeguards exist. The continued denial of prompt access to counsel is more than an inconvenience. It is a direct threat to constitutional supremacy, the rule of law, and Ethiopia’s human rights commitments.
The elephant in the room has gone unaddressed for far too long. Ignoring it can only deepen public distrust and weaken confidence in the justice system. Confronting it candidly offers the opportunity to reaffirm the country’s commitment to constitutional governance, human dignity, and equal justice under the law.
Loading your updates...